Greene v. Beckwith
Supreme Court of Missouri
Error to Laclede Circuit Court. . I. The written declarations of the party, descriptions in legal or other documents, or treatment by official persons, are admissible on the question of residence, and the papers offered by defendant were improperly excluded — Phill. Dom. 87, 88 ; Smith et al. v. Croom, 7 Florida, 161; 12 Am.
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Error to Laclede Circuit Court. . I. The written declarations of the party, descriptions in legal or other documents, or treatment by official persons, are admissible on the question of residence, and the papers offered by defendant were improperly excluded — Phill. Dom. 87, 88 ; Smith et al. v. Croom, 7 Florida, 161; 12 Am. L. Reg. 263. These papers show that defendant’s business and employment were in this State for a long period continuously, embracing the date of the suing out of the attachment; a part of that time in the military service of the United States, as clerk in the Paymaster’s…
1Opinion of the Court
Holmes, Judge,
delivered tlie'opinion of the court.
This was a suit by attachment, on the ground of non-residence. The defendant filed the plea in abatement, putting in issue the fact of non-residence in this State, and upon this issue there was a trial and a verdict for the plaintiff, and afterwards a final judgment was rendered against the defendant. A motion for a new trial of the issue on the plea in abatement was made by the defendant for the reasons, as alleged, that the court erred in refusing instructions and in excluding testimony in his behalf. The evidence tended to show that the…
2Cases cited4 opinions
- In re ThompsonNew York Supreme Court · 1828
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- In re WrigleyNew York Supreme Court · 1830
- Moore v. OtisSupreme Court of Missouri · 1854
3Cited by13 opinions
- Stevens v. LarwillMissouri Court of Appeals · 1904
- Chariton County v. MoberlySupreme Court of Missouri · 1875
- Barrett v. ParksSupreme Court of Missouri · 1944
- Wyrick v. WyrickMissouri Court of Appeals · 1912
- Elliott v. McCormick.Supreme Court of Missouri · 1929
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